Introduction. Legal Issues Raised by the Samsung Galaxy Incident. Legal Advice that can be offered to Ashley, etc… Samsung Liability. Conclusion Reference List
Legal issues in business provide the product liability law that is used to provide victims who encounter dangerous products with relevant legal recourse. The clients should be catered for especially when they suffer injuries from the products talked about. Generally, a product is always required to meet the ordinary expectations that a consumer wants. Products that have unexpected defects or danger are often are considered not to meet the consumers’ ordinary expectations. A number of different parties may be held liable for depending on the types of defects that come by including injuries that result from using such defective products. Legal issues that protect the consumers are a bit complicated and consumers must meet their expectations from the product. This paper explains legal issues, and liabilities held based on a video involving defection of Samsung galaxy s4.
Legal Issues Raised by the Samsung Galaxy Incident.
Based on the IRAC system, legal issues that arise in this Samsung galaxy s4 video are common issues and defects that must be addressed. A legal issue that arises first is product liability, and manufacturers are supposed to be held responsible in this case. Product liability as a legal issue that arises in the video also hold responsible distributors, suppliers, retailers and other people who make products available to consumers for injuries that those products cause. Product liability in law is actually limited traditionally to products that are in the form of tangible and personal property Jennings (2013). Product liability here is based on negligence whereby and a breach of fitness in the warranty of products. Product liability in the Samsung Galaxy s4 comes when the products are costly yet they do not meet the needs of consumers. Samsung products, as known by many, are often costly, and the three phones from Ashley, Clare, and Anna are all faulty. Anna has even been to an extent of burning on the face with Ashley being at a point of burning his bed sheets and spoiling his charger. Product liability here should ensure that Samsung Galaxy S4 Company takes all the responsibilities that come with default. For the jurisdiction, legal matters require that one should approve that the product was defective, and the video has proven that the Samsung phones were all defective Bagley & Dauchy(2012).All the three types of product defectiveness would incur Samsung, the liability of its manufacturers and suppliers. As a legal issue, product liability involves design defects, marketing defects and those for manufacturing. As for the case of the video, there could have been some design defects that are inherent in all the phones of victims shown in the video. These defects must have existed before the product was manufactured in case there is one. While the phones served the clients, they were unreasonably dangerous for use based on the flaw of the design. Manufacturing defects must have taken place during the construction or production of the phones. Marketing defects could have been improper instructions and failures of warning consumers about the latent dangers involved in the product. Samsung must then be liable for all the defects that come with its products and compensate for the harm and loss incurred. Products should match their prices, and this is what Samsung did not follow because we find in the video that phones were purchased extensively yet they were not quality. If Ashley, Clare, and Anna purchased their phones expensively then the phones ought to act as ones that were expensive. The legal issue arising here is that products should be charged based on their qualities and how they can serve consumers. Another legal issue that is arising from the video is that there should be compensation for any defective products. The video shows extents of harm, risks and shame that have involved victims and they have been exposed negatively. All the harm like heat, burning and destruction of property should be compensated. Kike the cases in the video, Samsung should give new phones and replace the harms caused like paying medical bills for Anna for treating her face. Ashley should be paid his charger and even compensated with bed sheets to replace what has been burnt. A legal issue of producing and distributing quality goods and services should be addressed. Manufacturers should not produce sub-standard goods and sell to consumers. Instead, they should ensure that goods and services that reach clients are of best standards so that the needs of the consumers can be met preferably. Harmless goods to the market are a legal issue that must be addressed and maintained. Legally it is required that goods that are sold to consumers should not harm them, unlike the incidences in the video. The victims talk about chemicals, smells and bad heat that came to their phones leading to explosion and burning. The harmfulness is not desired and harms the lives of consumers; something that should not be taking place.
Legal Advice that can be offered to Ashley, Anna and Claire Based on the Phone Tragedy Incidences.
In Act of 1979 concerning the sales of goods, there is regulation in respect of goods that get bought and sold. This act consolidates the original sale of goods act of 1893 with many statutory amendments. Legal advice best for Ashley, Anna and Clare is that there should be respect for goods that they purchased. Any goods that they may consume should then be properly manufactured and distributed, and they must assign that the goods they use meet standards of consumption. Property that is transferred for monetary consideration should have their personal ownership always and should not be causing harm or not meeting satisfaction for them Misawa (2011). Provisions of this act of 1979 should not be excluded when it comes to sales and consumers’ use of phones.
In the negligence tort, there is duty care that holds three assumptions. Samsung holds the liability of insurance to its clients whether the consequence of the defendant’s act were foreseeable, whether there is a relationship between of proximity and physical address and whether circumstances would be fair. The video shown could be due to negligence either by manufacturers, distributors or marketers and negligence of a certain important point that should have been observed keenly, and this can also be a breach of duty. Samsung holds to incur good liability risk management. This liability insurance is actually important because it reduces chances of a business or an organization to be sued Alghamdi (2011). Liability insurance, however, does not eliminate risks that can occur in organizations and their products entirely. Samsung just like any other organization can make a mistake that causes injuries and damage to properties. The mistake could also harm the reputation of Samsung and interfere with the privacy of customers, competitors, members of the general public or clients. In case of such injuries, Samsung can then be legally liable to par for damages to people who suffer losses due to any actions of the company or inactions. With liability insurance, the consumers and anybody involved with products are also insured, and damages will be handled by insurance agencies. In relation to injuries suffered by Anna, the liability that Samsung holds should be covered medical expenses. Anna cannot be defined to have breached duty because she used the phone as per requested and the harm that came by can actually be blamed on Samsung team as a whole. The remoteness of her damage is not anticipated, and Anna’s fate was like an emergency. The Company should then still cover all expenses related to Anna’s loss and experience. Most part of liability coverage includes when a third party is claiming negligence and sues the organization or company because of damages caused. Medical payments coverage is an exception in this case, and it involves in payment of medical expenses. Samsung should be liable for any medical expenses especially for bodily injuries that third parties go through, accidents that take place on premises owned by the company. It is less likely to experience sues especially for Samsung like in the case of Anna when clients who get injured get prompt medical payments. Covered medical expenses as a liability for Samsung should cover the costs of injuries that clients and consumers sustain. The clients like Anna, in this case, may not be in a position to claim that Samsung is liable for her injury because maybe she placed her face in the wrong place. However, covered medical expenses should be able to cover all the costs provided the product that causes harm is from that company. Samsung will then be liable for medical payments and cover for payments without getting to courts or encountering lawsuits from clients. The medical payment coverage pays victims without even the victims having to file lawsuits and claim processes that are protracted. The coverage also enables insurers to be in a position to pay for nuisance claims without the organization having to go through legal expenses that are costly Mann & Roberts (2013). Suppose Samsung commits insurance frauds then the insurance will use legal costs to defend the organization against the claims available. It is important that Samsung does not submit multiple medical expenses claims because they may negatively impact on insurance claim histories. It is then proper to discuss possible consequences of organizational medical payments that will limit claim histories with organizations and agents. Based in the case of Anna that was extreme, the Samsung Company was thus liable for medical expenses because of the presence of injuries.
Duty of care should be provided for the clients, and The IRAC system has statutory laws that enhance the practice of fairness when it comes to products of goods and services provided to consumers. It stands for Issue, Rule, Application and Conclusion in the legal language, and it has applied use in the Samsung Galaxy case that has encountered methodologies for legal analyzes. Facts of a case are central to every step that is taken in the legal system. It is identified that the Samsung Galaxy case was based on fact and evidence, and that is why the law best applied on occurrences. The video did not have conclusions that were based on decision and application of IRAC rules but facts for each issue. Every legal term applied in the paper handles the cases for Ashley, Clare, and Anna. Their experiences with their Samsung phones are put in place before coming up with conclusions. For real, the victims must have gone through rough times with the gadgets that have even harmed them and further spoiled their belongings. Legal issues are have arisen including product liability required compensation and production of quality goods and services that meet demands of consumers. Rules that construct facts have been proven by use of evidence and analysis of this case requires adherence to the legal system.
Alghamdi, A. M. (2011). Law of e-commerce: e-contracts, e-business. Bloomington, IN, Authorhouse. Bagley, C. E., & Dauchy, C. E. (2012). The entrepreneur’s guide to business law. Mason, Ohio, South-Western. Jennings, M. (2013). Foundations of the legal environment of business. Mason, OH, South-Western/Cengage Learning. Mann, R. A., & Roberts, B. S. (2013). Essentials of business law and the legal environment. Mason, OH, South-Western Cengage Learning. Misawa, M. (2011). Current business and legal issues in Japan’s banking and finance industry. New Jersey, World Scientific.